Patents

Legal basis

Royal Decree No. M/27 dated July 17, 2004 on Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties and Industrial Models

International Conventions

Paris Convention Priority

Priority Claim

Yes

Novelty

Absolute

Publication Sources

Patent Bulletin

Period for opposition

90 days from publication

Publication after registration

Yes

Extension Years

5 Hijri years

Pharmaceutical/ Medical Product/ Patent

Yes

Annuity

Yes, after granting

Working Requirements

Yes, within two years

Use to protect against Cancellation actions

For twenty(20) years from filing date

Appellate authority (administrate)

Patent Committe.

Appellate authority (judicial)

Civil Court (Board of Grievances)

Validity of Registration

Twenty (20) years from filing date

Substantive Examination

Yes

Time Span for registration

Twenty four (24) months to Thirty six(36) from date of
application.

Enforcement of Patent rights

  • Registered Patent

 

Criminal:

  • Criminal Court (infringment)

 

Civil:

  • Civil Court (infringment,

                unfair competition)

  • Unregistered Patent

Civil:

  • Civil Court(unfair competition)

Court System

 

1st Instance      Appeal     High Court

Legal System

Sharia (Islamic Law)

Service

Description

Official Fees (USD)

Proffesional Fees(USD)

Total Fees (USD)

New Application Ordinary/PCT application for individuals 107.00 800.00 907.00
  Ordinary/PCT application for companies 214.00 800.00 1,014.00
  Claiming convention priority   100.00 100.00
  Preparing translation of drawings (per sheet)   30.00 30.00
  Arabic translation of specification per page   45.00 45.00
  Amendment/correction of application for individuals 30.00 375.00 402.00
  Amendment/correction of application for companies 54.00 375.00 429.00
  Recordation of Assignment for individuals 54.00 500.00 554.00
  Recordation of Assignment for companies 107.00 500.00 607.00
  Recordation of License for individuals 107.00 500.00 607.00
  Recordation of License for companies 214.00 500.00 714.00
  Payment of 1st annuity for individuals 67.00    
  Payment of 2 nd annuity for individuals 133.00 300.00 190.00
  Payment of 3 rd annuity for individuals 200.00 300.00 500.00
  Payment of 4th annuity for individuals 267.00 300.00 567.00
  Payment of 5th annuity for individuals 333.00 300.00 633.00
  Payment of 6th annuity for individuals 400.00 300.00 700.00
  Payment of 7th annuity for individuals 467.00 300.00 767.00
  Payment of 8th annuity for individuals 533.00 300.00 833.00
  Payment of 9th annuity for individuals 600.00 300.00 900.00
  Payment of 10th annuity for individuals 667.00 300.00 967.00
  Payment of 11th annuity for individuals 733.00 300.00 1,033.00
  Payment of 12th annuity for individuals 800 300.00 1,100.00
  Payment of 13th annuity for individuals 867.00 300.00 1,167.00
  Payment of 14th annuity for individuals 933.00 300.00 1,233.00
  Payment of 15th annuity for individuals 1,000.00 300.00 1,300.00
  Payment of 16th annuity for individuals 1,067.00 300.00 1,367.00
  Payment of 17th annuity for individuals 1,133.00 300.00 1,433.00
  Payment of 18th annuity for individuals 1200 270.00 480.00
  Payment of 19th annuity for individuals 1,267.00 280.00 495.00
  Payment of 20th annuity for individuals 1,333.00 300.00 520.00
  Payment of 1st annuity for companies 133.00 300.00  
  Payment of 2 nd annuity for companies 267.00 300.00 567.00
  Payment of 3 rd annuity for companies 400.00 300.00 700.00
  Payment of 4th annuity for companies 533.00 300.00 833.00
  Payment of 5th annuity for companies 667.00 300.00 967.00
  Payment of 6th annuity for companies 800.00 300.00 1,100.00
  Payment of 7th annuity for companies 933.00 300.00 1,133.00
  Payment of 8th annuity for companies 1,067.00 300.00 1,367.00
  Payment of 9th annuity for companies 1,200.00 300.00 1,500.00
  Payment of 10th annuity for companies 1,333.00 300.00 1,533.00
  Payment of 11th annuity for companies 1,467.00 300.00 1,767.00
  Payment of 12th annuity  for companies 1,600.00 300.00 1,900.00
  Payment of 13th annuity  for companies 1,733.00 300.00 2,033.00
  Payment of 14th annuity  for companies 1,867.00 300.00 2,167.00
  Payment of 15th annuity  for companies 2,000.00 300.00 2,300.00
  Payment of 16th annuity  for companies 2,133.00 300.00 2,433.00
  Payment of 17th annuity  for companies 2,267.00 300.00 2,567.00
  Payment of 18th annuity  for companies 2,400.00 300.00 2,700.00
  Payment of 19th annuity  for companies 2,533.00 300.00 2,833.00
  Payment of 20th annuity  for companies 2,667.00 300.00 2,967.00

Service

Requirements

Filing PATENT Application A Power of Attorney in our favor,  legalized up to the Saudi ArabiaConsulate 
  Deed of Assignment, from the inventor to the applicant, legalized up to the Saudi ArabiaConsulate 
  Certificate of Incorporation of the company, legalized up to the Saudi Arabia Consulate
  Full copy of invention specification (description, claims, abstract) and the drawings, if any, together with the corresponding English translation (if they are not already in this language).
  A copy of the PCT Request, along with its corresponding English translation, if it is not already in English.
  A copy of the International Search Report, along with an English translation, if it is not already in English.
  A copy of the Preliminary Examination Report, if any, along with an English   translation, if it is not already in English.
 
Q1) What is the legal base for registration and protection of patent rights in Saudi Arabia?
A1) Royal Decree No. M/27 dated July 17, 2004. on Patents, Layout Designs of Integrated Circuits, Plant   Varieties and Industrial Models Law.
 
Q2) Does Saudi Arabia law protects utility models?
A2) Please refer to the Sudan pages on this website.
 
Q3) Is absolute novelty required for granting a patent?
A3) Yes.
 
Q4) Is Saudi Arabia a PCT country?
A4) No
 
Q5) What are the requirements for filing a patent application in Saudi Arabia?
A5) Please consult the Saudi Arabia page on this website.
 
Q6) Is there any grace period for filing the supporting documents?
A6) Yes. 90 days from the date of filing. This grace period is unextendable.
 
Q7) Does the Saudi Arabia law grant joint patent rights?
A7) Yes.
 
Q8) Are patent applications examined for both formality and substance?
A8) Yes.
 
Q9) How long does an application takes before it is examined?
A9) In view of the large work backlog of pending patent applications, it would now take from 2-3 years for a patent application to be examined.
 
Q10) What is the term of validity of a letter patent?
A10) 20 years from the application date.
 
Q11) When shall an annuity be due for payment for a patent application?
A11) Under Saudi Arabia law, the annuities should be paid at the beginning of every year in the month of January subsequent to the year in which the application was filed.
 
Q12) Is there any grace period allowed for late payment of annuities?
A12) Yes. There is a period of six months in total. An annuity may be paid within the first 3 months without any fine, while a late annuity payment fine will apply for the second three months.
 
Q13) Is it possible to reinstate a patent application after it has lapsed because of non-payment of an annuity or  being withdrawn by the applicant?
A13) No. There is no any provision or remedy under Saudi Arabia law to reinstate such application.
 
Q14) Is it possible to assign patent applications?
A14) Yes.
 
Q15) When should a request for substantive examination be filed?
A15) A request for such examination is not required or necessary. The Patent Office will notify us once a substantive examination of an application becomes due.
 
Q16) Is it possible to conduct official availability searches for patents in Saudi Arabia?
A16) It is not possible to do so at present. However, we have the possibility to carry out search in our own database for patent applications which have been published.
 
Q17) Is working of an invention mandatory?
A17) Yes. Within 4 years from the grant date.
 
Q18) Does the Saudi Arabia Patent Law provide for compulsory licensing?
A18) Yes.
 
Q19) Is it possible to file a criminal legal action for patent infringement?
A19) This is possible only in the case of registered patents. However, in the event of an infringement of an unregistered patent a civil suit may be filed based on the principle of unfair competition or other general law provisions.
 
Q20) Does your law provide for the possibility of lodging opposition against patent application?
A20) Yes, it is possible for interested third parties to file oppositions within 60 days from the publication date.
 
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